The New York Court of Appeals issued a ruling last month in the case of People v. Wallace.
Briefly:
“… Defendant was working as a swing manager at a McDonald’s restaurant when a gun in the pockets of his pants fired, causing an injury to the lower part of his right leg. Defendant was charged with criminal possession of a weapon in the second degree, in violation of N.Y. Penal Law 265.03. Defendant moved to dismiss the indictment, arguing that the “place of business” exception to section 265.03(3) applied because he possessed the firearm at his workplace. Supreme Court denied the motion and convicted Defendant. The Appellate Division affirmed. The Court of Appeals affirmed, holding that because Defendant was not the principal operator of the McDonald’s when he possessed the loaded firearm in the establishment, the “place of business” exception to section 265.03(3) was inapplicable …”
Read the full decision here.
“[a]lthough the place of business’ exception is not statutorily defined it has been construed narrowly by the courts in an effort to balance the State’s strong policy to severely restrict possession of any firearm . . .“ Who would have guessed?